Hamm v. City of Seattle

The plaintiffs, Hamm and Farnandis, seek recovery of damages from the defendant city claimed as the result of a threatened earth slide menacing the lateral support to their property, caused by act and neglect of the city. The case came on for trial upon the merits in the superior court for King county. A jury was duly impaneled for the trial of the case. Thereupon counsel for the plaintiffs made his opening statement to the jury, in the course of which he made affirmative statements of fact which, taken together with facts admitted in the pleadings, counsel for the city conceived as…